Home
/
RELIGION & LIBERTY ONLINE
/
Argument Outline: Why Religious Freedoms Apply to For-Profit Corporations
Argument Outline: Why Religious Freedoms Apply to For-Profit Corporations
Nov 2, 2025 4:12 AM

[Note: “Argument Outline” is a new occasional series that provides summaries of religious, economic, and public policy arguments presented in the public square.]

The Religious Freedom Restoration Act (RFRA) states that government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except in certain conflicts with pelling governmental interest. That seems straightforward enough, but what does this law mean when it refers to a “person”? For instance, can a corporation like Hobby Lobby be a person under this Act?

Even some people who are sympathetic to Hobby Lobby’s fight to avoid being forced to violate their conscience may wonder if it makes sense to give such broad-based religious liberty protections to corporate entities. But in a recent article in the Harvard Law Review, Alan Meese and Nate Oman make the case that the most natural reading of the term ‘person’ in RFRA includes for-profit corporations, and why they should be afforded the same religious freedoms as individuals.

The following is a summary outline of the argument they present in this law review article:

There is no legal justification for excluding corporate persons from RFRA protections.

The Supreme Court has repeatedly held that for-profit corporations are constitutional “persons.”For-profit corporations embodying shareholders’ religions mon, passing without corporate law objections. Corporations whose owners “impose their personal religious beliefs” on the firm are mon.Nothing about limited liability or entity status justifies stripping corporations, whether for-profit or non-profit, of their religious personhood. Therefore, shareholders’ ability to pursue their religious values via the corporate form should not turn on whether they have forsaken limited liability.

Religious for-profit businesses do not violate corporate law or undermine corporate law policies.

RFRA gives courts various tools for addressing any unique challenges posed by public corporations. There is thus no apparent rationale for categorically depriving such firms of RFRA personhood.Federal law and the laws of some states already authorize some for-profit corporations to decline to perform or pay for certain medical procedures because of religious or moral objections.For-profit corporations have been asserting religious identities mercial and legal arenas for decades.There has been no flood of shareholder derivative suits challenging a firm’s adoption of a religious identity or failure to adopt such an identity. In fact, the scholars do not cite a single example of a corporate governance dispute connected to such decisions.

Religious freedoms apply not only individuals by to corporate bodies.

When individuals act religiously using corporations they are engaged in religious exercise. When we regulate corporations we in fact burden the individuals who use the corporate form to pursue their goals.Religious freedom is broader than an individualist concern with personal rights. Rather, it is about limiting the ability of the state to regulate a particular kind of conduct — religious exercise — even when corporate bodies engage in that conduct.People practice religion collectively. To protect religion only within the confines of personal conscience or individual action would do great violence to lived religion.Many for-profit corporations are infused with religious values and religious missions. Some for-profit corporations are solely owned by churches. The owners of these corporations can feel called on to infuse their business activities with religious values.

(Via: Mark Movsesian)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 119:1-8   (Read Psalm 119:1-8)   This psalm may be considered as the statement of a believer's experience. As far as our views, desires, and affections agree with what is here expressed, they come from the influences of the Holy Spirit, and no further. The pardoning mercy of God in Christ, is the only source...
Verse of the Day
  Matthew 6:19-21 In-Context   17 But when you fast, put oil on your head and wash your face,   18 so that it will not be obvious to others that you are fasting, but only to your Father, who is unseen; and your Father, who sees what is done in secret, will reward you.   19 Do not store up for yourselves treasures...
Verse of the Day
  1 Corinthians 1:27-29 In-Context   25 For the foolishness of God is wiser than human wisdom, and the weakness of God is stronger than human strength.   26 Brothers and sisters, think of what you were when you were called. Not many of you were wise by human standards; not many were influential; not many were of noble birth.   27 But God...
Verse of the Day
  Commentary on Today's Verse   Commentary on Mark 12:28-34   (Read Mark 12:28-34)   Those who sincerely desire to be taught their duty, Christ will guide in judgment, and teach his way. He tells the scribe that the great commandment, which indeed includes all, is, that of loving God with all our hearts. Wherever this is the ruling principle in the soul, there...
Verse of the Day
  Romans 5:15 In-Context   13 To be sure, sin was in the world before the law was given, but sin is not charged against anyone's account where there is no law.   14 Nevertheless, death reigned from the time of Adam to the time of Moses, even over those who did not sin by breaking a command, as did Adam, who is...
Verse of the Day
  Philippians 4:9 In-Context   7 And the peace of God, which transcends all understanding, will guard your hearts and your minds in Christ Jesus.   8 Finally, brothers and sisters, whatever is true, whatever is noble, whatever is right, whatever is pure, whatever is lovely, whatever is admirable-if anything is excellent or praiseworthy-think about such things.   9 Whatever you have learned or...
Verse of the Day
  Commentary on Today's Verse   Commentary on Romans 6:21-23   (Read Romans 6:21-23)   The pleasure and profit of sin do not deserve to be called fruit. Sinners are but ploughing iniquity, sowing vanity, and reaping the same. Shame came into the world with sin, and is still the certain effect of it. The end of sin is death. Though the way may...
Verse of the Day
  Commentary on Today's Verse   Complete Concise   Chapter Contents   Cautions against proud behaviour, and the mischief of an unruly tongue. (1-12) The excellence of heavenly wisdom, in opposition to that which is worldly. (13-18)   Commentary on James 3:1-12   (Read James 3:1-12)   We are taught to dread an unruly tongue, as one of the greatest evils. The affairs of mankind are thrown...
Verse of the Day
  Commentary on Today's Verse   Commentary on Colossians 3:12-17   (Read Colossians 3:12-17)   We must not only do no hurt to any, but do what good we can to all. Those who are the elect of God, holy and beloved, ought to be lowly and compassionate towards all. While in this world, where there is so much corruption in our hearts, quarrels...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 105:1-7   (Read Psalm 105:1-7)   Our devotion is here stirred up, that we may stir up ourselves to praise God. Seek his strength; that is, his grace; the strength of his Spirit to work in us that which is good, which we cannot do but by strength derived from him, for which he will...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved